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|Proposed Indian Bankruptcy Reforms|
Mark G. Douglas; Jones Day;
April 15, 2016, previously published on March/April 2016In December 2015, the Indian government introduced a long-awaited bill—the Insolvency and Bankruptcy Bill 2015—to overhaul India’s outdated and burdensome bankruptcy process. According to recent World Bank data, India ranks 136th out of the 189 countries surveyed in terms of fast...
|FCPA 2015 Year In Review|
Theodore T. Chung, Richard H. Deane, Karen P. Hewitt, Henry Klehm, Hank Bond Walther; Jones Day;
February 9, 2016, previously published on January 2016In 2015, a year after the DOJ resolved several long-term and large-dollar FCPA investigations, the most significant FCPA story was the sharp decrease in both the number and size of the DOJ’s corporate FCPA resolutions. This slowdown may only be a temporary downturn, though, because the DOJ...
|Trade Pact Could Increase Corruption Risks|
Mary I. Edquist; McDonald Hopkins LLC;
January 13, 2016, previously published on December 23, 2015While the Trans-Pacific Partnership (TPP) may generate exciting new business opportunities for U.S. businesses, it could also expose those tapping into foreign markets for the first time to greater Foreign Corrupt Practices Act (FCPA) risks.
|International Sales Contracts|
Joshua J. Cauhorn, Frederic A. Mendelsohn; Burke, Warren, MacKay & Serritella, P.C.;
December 22, 2015, previously published on December 1, 2015Businesses large and small now routinely buy and sell goods across oceans and international boundaries. Often, the business people involved may not speak the same primary language and the contracts they enter can be as simple as an e-mail exchange. They may also fail to take into account many of...
|Indonesian High Court Upholds Ruling that Contracts be Written in Indonesian|
John Rainbird, Matthew J. Skinner, Quan Trinh; Jones Day;
December 15, 2015, previously published on December 2015In August 2015, the Indonesian Supreme Court announced that it will uphold the ruling of the West Jakarta High Court in PT Bangun Karya Pratama Lestari v. Nine AM Ltd. ("BKPL" and "Nine AM"), which nullified and voided a loan agreement between the parties. Since the agreement...
|Changes of the California Bar Exam: If You Think A Three-Day Exam Is Tough, You Haven’t Seen Anything Yet.|
Claudia Borsutzki; Murchison & Cumming, LLP;
December 14, 2015, previously published on November 30, 2015The recent decision by the California State Bar Board of Trustees to shorten the California bar exam from three days to two, has been met with mixed emotions: while lawyers already admitted to practice law in California reflect on the traumatizing three days and think “Why now?”, law...
|Group Members and Unsuccessful Class Actions in Australia-Anshun Estoppel and Abuse of Process|
John Emmerig, Michael J. Legg; Jones Day;
November 10, 2015, previously published on November 2015The Timbercorp Group was in the business of operating horticultural and forestry managed investment schemes ("MISs"). It invested in excess of $2 billion on behalf of about 18,500 investors. In addition, Timbercorp Finance Pty Ltd ("Timbercorp Finance") made loans to investors...
|The Future of Australia’s Independent Commission Against Corruption’s Jurisdiction and Powers|
John Emmerig, Michael J. Legg; Jones Day;
November 9, 2015, previously published on November 2015In April 2015, the High Court handed down the decision of Cunneen in which it held that the definition of “corrupt conduct” in the ICAC Act is narrower than ICAC had previously understood. The High Court was tasked with attributing meaning to the phrase “adversely...
|UPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”|
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 5, 2015, previously published on October 27, 2015On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory opinion issued by Advocate General Yves Bot of the European Union...
|EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 2, 2015, previously published on October 28, 2015EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a new Safe Harbor program. Jourova noted that the collection and use of...